The Shavitz Law Group represents a number of account representatives who are paid by the hour.
As hourly employees, these account representatives are required to record — in a variety of methods — they’re hours worked.
However, even under this seemingly legal system, employees can be deprived of all of their compensation.
Shavitz Law Group has represented account representatives throughout the United States whose employees fails to compensate them for all of their hours worked. This occurs when the employers simply refuse to allow or accept any recorded hours over 40 in a work-week.
That is, the employer required the account representatives to report 40 hours or less, regardless of the actual number of hours worked. In some cases, supervisors would change the hours reported or recorded to indicate 40 or less in a work week.
The practice of restricting workers to 40 recorded or reported hours regardless of the hours they actually work is not limited to account representatives.
Any employees who experience this practice should keep copies of all time records (original and revised). They also can keep a journal of their actual hours worked.
Another variation on the 40-hour-limit is that instead of compensating employees for their hours over 40, employers often provide time off instead. However, in all but very few exceptions, time-off in lieu of overtime is not lawful.
In addition, overtime is calculated on a workweek basis. So that, if an employee works 35 hours in Week 1 and 45 hours in Week 2, an employer may not “average out” the weeks such that it pays for 40 hours each week, thereby avoiding overtime for Week 2.
The takeaway is that no matter how an employer attempts to accomplish it, these schemes to limit employees’ compensable hours to 40 per work-week are unlawful.
If you or someone you know is being paid for only 40 hours, despite working more, and have questions regarding your pay, contact us for a free consultation to learn more about your rights.